Opinion
Argued October 8, 1974
Decided November 20, 1974
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, THOMAS S. AGRESTA, J.
Irving L. Weinberger for appellant-respondent.
Leon E. Borden for respondent-appellant.
Judgment affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division on the appeal after the first trial. As to plaintiff's cross appeal, see CPLR 5501 (subd. [b]).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.